Spoliation of Evidence (Commercial Litigation)

Summary

This practice note discusses spoliation of evidence, which is the alteration or destruction of evidence germane to a commercial litigation matter by a party to the dispute. Spoliation can arise out of a litigant's intentional or, in some cases, inadvertent conduct. This practice note covers the duty to preserve evidence with regard to existing or reasonably foreseeable litigation, the elements of a successful spoliation claim, obligations of third parties to preserve evidence, and various sanctions associated with spoliation.